Common use of Eligibility Requirements for AART Owner Trustee Clause in Contracts

Eligibility Requirements for AART Owner Trustee. The AART Owner Trustee shall at all times satisfy the requirement of Section 26(a)(1) of the Investment Company Act. The AART Owner Trustee shall at all times: (a) be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Act; (b) be authorized to exercise corporate trust powers; (c) have a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal or State authorities; and (d) have (or have a parent which has) a long-term unsecured debt rating of at least “Baa3” by Xxxxx’x, or such other rating as is acceptable to, Xxxxx’x and “BBB-” by Fitch, or such other rating as is acceptable to Fitch. If such corporation shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 6.13, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the AART Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 6.13, the AART Owner Trustee shall resign immediately in the manner and with the effect specified in Section 6.10.

Eligibility Requirements for AART Owner Trustee. The AART Owner Trustee shall at all times satisfy the requirement of Section 26(a)(1) of the Investment Company Act. The AART Owner Trustee shall at all times: (a) be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Act; (b) be authorized to exercise corporate trust powers; (c) have a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal or State authorities; and (d) have (or have a parent which has) a long-term unsecured debt rating of at least “Baa3BBB” by Xxxxx’xS&P, or such other rating as is acceptable to, Xxxxx’x S&P and “BBB-” by Fitch, or such other rating as is acceptable to Fitch. If such corporation shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 6.13, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the AART Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 6.13, the AART Owner Trustee shall resign immediately in the manner and with the effect specified in Section 6.10.

Eligibility Requirements for AART Owner Trustee. The AART Owner Trustee shall at all times satisfy the requirement of Section 26(a)(1) of the Investment Company Act. The AART Owner Trustee shall at all times: (a) be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Act; (b) be authorized to exercise corporate trust powers; (c) have a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal or State authorities; and (d) have (or have a parent which has) a long-term unsecured debt rating of at least “Baa3BBB” by Xxxxx’x, or such other rating as is acceptable to, Xxxxx’x S&P and “BBB-” by Fitch, or such other rating as is acceptable to Fitch. If such corporation shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 6.13, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the AART Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 6.13, the AART Owner Trustee shall resign immediately in the manner and with the effect specified in Section 6.10.

Eligibility Requirements for AART Owner Trustee. The AART Owner Trustee shall at all times satisfy the requirement of Section 26(a)(1) of the Investment Company Act. The AART Owner Trustee shall at all times: (a) be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Act; (b) be authorized to exercise corporate trust powers; (c) have a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal or State authorities; and (d) have (or have a parent which has) a long-term unsecured debt rating of at least “BBB” by [Rating Agency] and at least “Baa3” by Xxxxx’x, or such other rating as is acceptable to, Xxxxx’x and “BBB-” by Fitch, or such other rating as is acceptable to Fitch[Rating Agency]. If such corporation shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 6.13, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the AART Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 6.13, the AART Owner Trustee shall resign immediately in the manner and with the effect specified in Section 6.10.